Immigration and Asylum Act 1999 (c. 33)

(The document as of February, 2008)

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(b) performing custodial functions, or

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

Obstructing detainee custody officers

5 A person who resists or wilfully obstructs a detainee custody officer who is--

(a) acting in accordance with escort arrangements,

(b) performing custodial functions, or

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Uniforms and badges

6 For the purposes of paragraphs 4 and 5, a detainee custody officer is not to be regarded as acting in accordance with escort arrangements at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).

Suspension and revocation of certificates of authorisation

7 (1) If it appears to the Secretary of State that a detainee custody officer is not a fit and proper person to perform escort functions or custodial functions, he may revoke that officer's certificate so far as it authorises the performance of those functions.

(2) If it appears to the escort monitor that a detainee custody officer is not a fit and proper person to perform escort functions, he may--

(a) refer the matter to the Secretary of State; or

(b) in such circumstances as may be prescribed, suspend the officer's certificate pending a decision by the Secretary of State as to whether to revoke it.

(3) If it appears to the contract monitor for the detention centre concerned that a detainee custody officer is not a fit and proper person to perform custodial functions, he may--

(a) refer the matter to the Secretary of State; or

(b) in such circumstances as may be prescribed, suspend the officer's certificate pending a decision by the Secretary of State as to whether to revoke it.

Section 155(2).

SCHEDULE 12 Discipline etc at Detention Centres

Measuring and photographing detained persons

1 (1) Detention centre rules may (among other things) provide for detained persons to be measured and photographed.

(2) The rules may, in particular, prescribe--

(a) the time or times at which detained persons are to be measured and photographed;

(b) the manner and dress in which they are to be measured and photographed; and

(c) the numbers of copies of measurements or photographs that are to be made and the persons to whom they are to be sent.

Testing for drugs or alcohol

2 (1) If an authorisation is in force, a detainee custody officer may, at the centre to which the authorisation applies and in accordance with detention centre rules, require a detained person who is confined in the centre to provide a sample for the purpose of ascertaining--

(a) whether he has a drug in his body; or

(b) whether he has alcohol in his body.

(2) The sample required may be one or more of the following--

(a) a sample of urine;

(b) a sample of breath;

(3) Sub-paragraph (2)(c)--

(a) applies only if the authorisation so provides; and

(b) does not authorise the taking of an intimate sample.

(4) "Authorisation" means an authorisation given by the Secretary of State for the purposes of this paragraph in respect of a particular detention centre.

(5) "Drug" means a drug which is a controlled drug for the purposes of the [1971 c. 38.] Misuse of Drugs Act 1971.

(6) "Specified" means specified in the authorisation.

(7) "Intimate sample"--

(a) in relation to England and Wales, has the same meaning as in Part V of the [1984 c. 60.] Police and Criminal Evidence Act 1984;

(b) in relation to Scotland, means--

(i) a sample of blood, semen or any other tissue fluid, urine or pubic hair;

(ii) a dental impression;

(iii) a swab taken from a person's body orifice other than the mouth; and

(c) in relation to Northern Ireland, has the same meaning as in Part VI of the [S.I. 1989/1341 (N.I. 12).] Police and Criminal Evidence (Northern Ireland) Order 1989.

Medical examinations

3 (1) This paragraph applies if--

(a) an authorisation is in force for a detention centre; and

(b) there are reasonable grounds for believing that a person detained in the centre is suffering from a disease which is specified in an order in force under sub-paragraph (7).

(2) A detainee custody officer may require the detained person to submit to a medical examination at the centre.

(3) The medical examination must be conducted in accordance with detention centre rules.

(4) A detained person who fails, without reasonable excuse, to submit to a medical examination required under this paragraph is guilty of an offence.

(5) A person guilty of an offence under sub-paragraph (4) is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale.

(6) "Authorisation" means an authorisation given by the manager of the detention centre for the purpose of this paragraph.

(7) The Secretary of State may by order specify any disease which he considers might, if a person detained in a detention centre were to suffer from it, endanger the health of others there.

Assisting detained persons to escape

4 (1) A person who aids any detained person in escaping or attempting to escape from a detention centre or short-term holding facility is guilty of an offence.

(2) A person who, with intent to facilitate the escape of any detained person from a detention centre or short-term holding facility--

(a) conveys any thing into the centre or facility or to a detained person,

(b) sends any thing (by post or otherwise) into the centre or facility or to a person detained there,

(c) places any thing anywhere outside the centre or facility with a view to its coming into the possession of a person detained there,

is guilty of an offence.

(3) A person guilty of an offence under this section is liable--

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

Alcohol

5 (1) A person who, contrary to detention centre rules, brings or attempts to bring any alcohol into a detention centre, or to a detained person, is guilty of an offence.

(2) A person who places alcohol anywhere outside a detention centre, intending that it should come into the possession of a detained person there, is guilty of an offence.

(3) A detainee custody officer or any other person on the staff of a detention centre who, contrary to detention centre rules, allows alcohol to be sold or used in the centre is guilty of an offence.

(4) A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 3 on the standard scale or to both.

(5) "Alcohol" means any spirituous or fermented liquor.

Introduction of other articles

6 (1) A person who--

(a) conveys or attempts to convey any thing into or out of a detention centre or to a detained person, contrary to detention centre rules, and

(b) is not as a result guilty of an offence under paragraph 4 or 5,

is guilty of an offence under this paragraph.

(2) A person who--

(a) places any thing anywhere outside a detention centre, intending it to come into the possession of a detained person, and

(b) is not as a result guilty of an offence under paragraph 4 or 5,

is guilty of an offence under this paragraph.

(3) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Notice of penalties

7 (1) In the case of a contracted out detention centre, the contractor must cause a notice setting out the penalty to which a person committing an offence under paragraph 4, 5 or 6 is liable to be fixed outside the centre in a conspicuous place.

(2) In the case of any other detention centre, the Secretary of State must cause such a notice to be fixed outside the centre in a conspicuous place.

8 (1) In the case of a contracted out short-term holding facility, the contractor must cause a notice setting out the penalty to which a person committing an offence under paragraph 4 is liable to be fixed outside the facility in a conspicuous place.

(2) In the case of any other short-term holding facility, the Secretary of State must cause such a notice to be fixed outside the facility in a conspicuous place.

Section 156(5).

SCHEDULE 13 Escort Arrangements

Monitoring of escort arrangements

1 (1) Escort arrangements must include provision for the appointment of a Crown servant as escort monitor.

(2) The escort monitor must--

(a) keep the escort arrangements under review and report on them to the Secretary of State as required in accordance with the arrangements;

(b) from time to time inspect the conditions in which detained persons are transported or held in accordance with the escort arrangements;

(c) make recommendations to the Secretary of State, with a view to improving those conditions, whenever he considers it appropriate to do so;

(d) investigate, and report to the Secretary of State on, any allegation made against a detainee custody officer or prisoner custody officer in respect of any act done, or failure to act, when carrying out functions under the arrangements;

(3) Paragraph (d) of sub-paragraph (2) does not apply in relation to--

(a) detainee custody officers employed as part of the Secretary of State's staff; or

(b) an act or omission of a prisoner custody officer so far as it falls to be investigated by a prisoner escort monitor under section 81 of the [1991 c. 53.] Criminal Justice Act 1991 or under section 103 or 119 of the [1994 c. 33.] Criminal Justice and Public Order Act 1994.

Powers and duties of detainee custody officers

2 (1) A detainee custody officer acting in accordance with escort arrangements has power--

(a) to search (in accordance with rules made by the Secretary of State) any detained person for whose delivery or custody the officer is responsible in accordance with the arrangements; and

(b) to search any other person who is in, or is seeking to enter, any place where any such detained person is or is to be held, and any article in the possession of such a person.

(2) The power conferred by sub-paragraph (1)(b) does not authorise requiring a person to remove any of his clothing other than an outer coat, jacket or glove.

(3) As respects a detained person for whose delivery or custody he is responsible in accordance with escort arrangements, it is the duty of a detainee custody officer--

(a) to prevent that person's escape from lawful custody;

(b) to prevent, or detect and report on, the commission or attempted commission by him of other unlawful acts;

(d) to attend to his wellbeing.

(4) The Secretary of State may make rules with respect to the performance by detainee custody officers of their duty under sub-paragraph (3)(d).

(5) The powers conferred by sub-paragraph (1), and the powers arising by virtue of sub-paragraph (3), include power to use reasonable force where necessary.

Breaches of discipline

3 (1) Sub-paragraph (2) applies if a detained person for whose delivery or custody a person ("A") has been responsible in accordance with escort arrangements is delivered to a detention centre.

(2) The detained person is to be treated, for the purposes of such detention centre rules as relate to disciplinary offences, as if he had been in the custody of the director of the detention centre at all times while A was so responsible.

(3) Sub-paragraph (4) applies if a detained person for whose delivery or custody a person ("B") has been responsible in accordance with escort arrangements is delivered to a prison.

(4) The detained person is to be treated, for the purposes of such prison rules as relate to disciplinary offences, as if he had been in the custody of the governor or controller of the prison at all times while B was so responsible.

(5) "Director" means--

(a) in the case of a contracted out detention centre, the person appointed by the Secretary of State in relation to the centre under section 149 or such other person as the Secretary of State may appoint for the purposes of this paragraph;

(b) in the case of any other detention centre, the manager of the detention centre.

(6) This paragraph does not authorise the punishment of a detained person under detention centre rules or prison rules in respect of any act or omission of his for which he has already been punished by a court.

(7) "Prison rules" means--

(a) rules made under section 47 of the [1952 c. 52.] Prison Act 1952;

(b) rules made under section 19 of the [1989 c. 45.] Prisons (Scotland) Act 1989;

Section 169(1).

SCHEDULE 14 Consequential Amendments

The Marriages (Ireland) Act 1844 (c. 81)

1 In Schedule (B) to the Marriages (Ireland) Act 1844, in the fifth column, after "Dwelling Place" insert "and Nationality".

The Marriage Law (Ireland) Amendment Act 1863 (c. 27)

2 In Schedule (A) to the Marriage Law (Ireland) Amendment Act 1863, in the fifth column, after "Dwelling Place" insert "and Nationality"

The Marriage Act 1949 (c. 76)

3 The Marriage Act 1949 is amended as follows.

4 In section 3(1) (marriages of persons under 21)--

(a) for "a certificate" substitute "certificates"; and

(b) omit "whether by licence or without licence,".

5 In section 5 (methods of authorising marriages), in paragraph (d), for "a certificate" substitute "certificates".

6 In section 17 (marriage under superintendent registrar's certificate)--

(a) for "a certificate" substitute "certificates"; and

(b) for "notice of marriage and certificate" substitute "notices of marriage and certificates".

7 In section 25 (void marriages)--

(a) in paragraph (b), for "a certificate" substitute "certificates";

(b) in paragraph (c), for "a certificate of a superintendent registrar which is" substitute "certificates of a superintendent registrar which are"; and

(c) in paragraph (d), for "a certificate" substitute "certificates" and for "notice of marriage and certificate" substitute "notices of marriage and certificates".

8 In section 27(1) (notice of marriage), for "a certificate" substitute "certificates".

9 In section 27A (additional information required in certain cases)--

(a) in subsections (2) and (3), for the first "the notice" substitute "each notice";

(b) in subsection (4), for the first "The person" substitute "Each person"; and

10 In section 27B (provisions relating to section 1(3) marriages)--

(a) in subsection (1), for "a certificate" substitute "certificates";

(b) in subsections (4) and (6), omit "or licence"; and

11 In section 28(1) (declaration to accompany notice of marriage), omit "or licence" and for paragraph (b) substitute--

" (b) that the persons to be married have for the period of 7 days immediately before the giving of the notice had their usual places of residence within the registration district or registration districts in which notice is given; " .

12 In section 29 (caveat against issue of certificate or licence), omit every "or licence".

13 In section 30 (provision for issue of certificate to be forbidden) for first "a certificate" substitute "certificates".

14 In section 31 (marriage certificates)--

(a) in subsections (1) and (4), for "a certificate" substitute "certificates"; and

(b) in subsection (5), for "one of the persons to be married" substitute "the person by whom notice of marriage was given".

15 For section 33 substitute--

" 33 Period of validity of certificate

(1) A marriage may be solemnized on the authority of certificates of a superintendent registrar at any time within the period which is the applicable period in relation to that marriage.

(2) If the marriage is not solemnized within the applicable period--

(a) the notices of marriage and the certificates are void; and

(b) no person may solemnize the marriage on the authority of those certificates.

(3) The applicable period, in relation to a marriage, is the period beginning with the day on which the notice of marriage was entered in the marriage notice book and ending--

(a) in the case of a marriage which is to be solemnized in pursuance of section 26(1)(dd), 37 or 38, on the expiry of three months; and

(b) in the case of any other marriage, on the expiry of twelve months.

(4) If the notices of marriage given by each person to be married are not given on the same date, the applicable period is to be calculated by reference to the earlier of the two dates. "

16 For section 34 substitute--

" 34 Marriages normally to be solemnized in registration district in which one party resides

Subject to section 35, a superintendent registrar may not issue a certificate for the solemnization of a marriage elsewhere than within a registration district in which one of the persons to be married has resided for 7 days immediately before the giving of the notice of marriage. "

17 (1) Section 35 (marriages in registration district in which neither party resides) is amended as follows.

(2) In subsection (1)--

(a) omit ", or if the marriage is to be by licence, a certificate and a licence,"; and

(b) for "or certificate and licence is issued" substitute "is issued in respect of each of the persons to be married".

(3) In subsections (2) and (4), omit "or, if the marriage is to be by licence, a certificate and a licence,".

(4) In subsections (2A) and (2B), omit "or, if the marriage is to be by licence, a certificate and licence,".

(5) In subsection (5)--

(a) for "a certificate" substitute "certificates";

(b) for "the notice" substitute "each notice"; and

18 Omit section 36 (superintendent registrar not normally to issue licences for marriages in registered buildings outside his district).

19 In section 37(1) (one party resident in Scotland)--

(a) for first "a certificate" substitute "certificates"; and

(b) omit "without licence".

20 (1) Section 38 (one party resident in Northern Ireland) is amended as follows.

(2) In subsection (1)--

(a) for "a certificate" substitute "certificates"; and

(b) omit "without licence".

(3) In subsection (2), for "and place of residence" substitute ", place of residence and nationality".

(4) In subsection (3), for "twenty-one" substitute "15".

21 In section 39(1) (issue of certificates on board Her Majesty's ships)--

(a) for first "a certificate" substitute "certificates"; and

(b) omit "without licence".

22 In section 40 (forms of certificates for marriage), omit subsection (2).

23 In section 44(1) (solemnization of marriage in registered buildings), for "a notice of marriage and certificate" substitute "the notices of marriage and certificates".

24 In section 45(1) (solemnization of marriage in register office)--

(a) for "a certificate" substitute "certificates";

(b) for first "notice" substitute "notices";

(d) for "certificate or certificate and licence, as the case may be, has or" substitute "certificates".

25 In section 47(2) (marriages according to usages of Society of Friends), in paragraph (a), for "the person" substitute "each person".

26 In section 48(1) (proof of certain matters not necessary to validity of marriages), in paragraph (a), for "notice" substitute "notices".

27 In section 49 (void marriages)--

(a) in paragraph (b), after "issued" insert ", in respect of each of the persons to be married,";

(b) omit paragraph (c);

(d) in paragraph (e), for "notice" substitute "notices" and for "certificate" substitute "certificates".

28 In section 50 (person to whom certificate to be delivered)--

(a) in subsection (1), for "a certificate" substitute "certificates" and omit "the certificate or, if notice of marriage has been given to more than one superintendent registrar,";

(b) omit subsection (2); and

29 In section 51(1) (fees of registrars for attending marriages), omit from first "the sum" to "case,".

30 (1) Section 75 (offences relating to solemnization of marriages) is amended as follows.

(2) In subsection (1)(b), for "a certificate" substitute "certificates".

(3) In subsection (2)--

(a) in paragraph (a)(ii), for "notice of marriage and certificate" substitute "notices of marriage and certificates";

(b) in paragraph (d), for "a certificate" substitute "certificates" and for from "(not being" to "book" substitute "before the expiry of the waiting period in relation to each notice of marriage"; and

(4) After subsection (2), insert--

" (2A) In subsection (2)(d) "the waiting period" has the same meaning as in section 31(4A). "

(5) In subsection (3), for paragraph (a) substitute--

" (a) issues any certificate for marriage before the expiry of 15 days from the day on which the notice of marriage was entered in the marriage notice book; " .

(6) In subsection (3), in paragraph (b), omit "or licence".

31 In section 78(3) (interpretation), in paragraph (a), for "the notice" substitute "each notice".

32 In Schedule 4 (provisions of Act which are excluded or modified in their application to naval, military and air force chapels), in Part III (exclusion of provisions relating to marriages otherwise than according to the rites of the Church of England), omit "The proviso to subsection (2) of section twenty-six".

The Prison Act 1952 (c. 52)

33 In section 55 of the Prison Act 1952 (provisions extending to Scotland) at the end insert--

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